Read the full judgment text of HCCT 68/2010 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 5 January 2011 before Hon Saunders J.
Arbitration — Costs — Leave to appeal — Discretion of arbitrator — Contract classification — Issue-based costs — Court discretion in arbitration costs appeals. The arbitrator issued a partial award favouring Woon Lee Construction Co., Ltd, ordering Holyrood Limited to pay a substantial sum. Holyrood failed in their arbitration but successfully argued part of their case on contract classification. Holyrood sought a 20% reduction of costs payable by them and costs for defending the re-measurement issue. The arbitrator rejected the submissions, applying costs following the event. The court applied the test for leave to appeal requiring an obvious legal error of general importance and found none. The arbitrator's factual findings and exercise of discretion on costs were not obviously wrong, including refusal to make a proportionate costs order not requested below. The court dismissed the leave to appeal application and ordered costs on an indemnity basis against Holyrood, with a certificate for counsel granted.
Legal issues: Leave to appeal against costs award
Outcome: Application for leave to appeal the costs award dismissed; indemnity costs ordered against Holyrood.
Cited by 2 cases